100th A.D. race still up in the air

GOSHEN — A ruling by the Orange County Court Wednesday did little to clarify the muddled 100th Assembly District race.

Michael Novinson

GOSHEN — A ruling by the Orange County Court Wednesday did little to clarify the muddled 100th Assembly District race.

Judge Victor Alfieri ordered Dutchess County officials open 54 absentee and affidavit ballots in the race between Republican challenger Tom Kirwan and Democratic incumbent Frank Skartados. Virtually all of the permitted votes come from Poughkeepsie — a Democratic stronghold — and the ballots are expected to be opened Monday.

Alfieri ruled 57 other ballots were incomplete and should be tossed.

The vote margin between the two candidates is unclear — the Republican's lawyer said Kirwan leads by 64, while Skartados' lawyer, Kathleen O'Keefe, said the lead is only 57.

Skartados, therefore, still wouldn't catch Kirwan even if all of the allowed votes went his way. O'Keefe still could challenge Alfieri's ruling on the dismissed ballots in appellate court.

"If it's possible to win, it's close enough to challenge," she said.

O'Keefe will decide on an appeal after the 54 ballots have been opened and tallied.

The 100th district includes the cities of Beacon, Poughkeepsie and Newburgh, the Town of Newburgh and southeastern Ulster County.